The labor department reminded employers in the private sector to comply with their legal obligation to pay their workers proper wages for the declared holidays in October and November 2022.
This is in accordance with Secretary Bienvenido E. Laguesma’s Labor Advisory No. 21, series of 2022, which sets the proper wages for workers for the declared special (non-working) days on October 31 and November 1, special (working) day on November 2, and the regular holiday on November 30.
Declared in Proclamation No. 79 special (non-working) day on October 31, while declared in Proclamation No. 1236 November 1 as a special (non-working) day for remembering the Day of the Dead, November 2 as a special (working) day for Soul Day, and November 30 as a regular holiday in celebration of Bonifacio’s Day .
The advisory states that for the special (non-working) day on October 31 and November 1, the following rules must be followed:
If the employee did not work, “no work, no pay” must be followed,
unless the company has a policy or CBA that provides wages for the said day.
For work performed on said day, he will be paid an additional 30 percent of his wages for the first eight hours of work (basic wage x 130%).
For working more than eight hours (overtime work), he will be paid an additional 30 percent of his hourly earnings for the said day.
If the employee worked on said day and it is also his rest day, he will be paid an additional 50 percent of his daily wage for the first eight hours of work (basic wage x 150%).
For more than eight hours that he works on the said day and it is also his rest day, he will be paid an additional 30 percent of his hourly income on the said day (hourly rate of the basic wage x 150% x 130% x number of hours worked).
For the declared special (working) day on November 2, the labor advisory states that if the employee works on the said day, he will only be paid his daily wage and will not receive any premium pay because it is considered an ordinary working day.
For their part, the following must be followed for the wages of workers who will work on November 30, a regular holiday:
If he did not work, he will be paid 100 percent of his wages for the said day, but must have worked or have a leave of absence with pay on the day followed by a regular holiday. The computation is basic wage x 100 percent.
If the day following a regular holiday is a non-working day in the establishment or it is a scheduled rest day for the employee, he must be paid holiday pay if he worked or was on leave of absence with pay on the day following the regular holiday.
Meanwhile, for work performed on a regular holiday, the employee will be paid 200 percent for the first eight hours of work (basic wage x 200 percent).
For overtime, he will be paid an additional 30 percent of his hourly earnings (hourly rate of the basic wage x 200% x 130% x number of hours worked).
If the employee worked on a regular holiday and it is also his rest day, he must be paid an additional 30 percent of his hourly earnings of 200 percent (basic wage x 200 percent x 130 percent).
For working more than eight hours on a regular holiday and it is also his rest day, he will be paid an additional 30 percent of his hourly earnings on said day (hourly rate of the basic wage x 200 percent x 130 percent x 130 percent x number of hours worked).
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